[Go to Documents] | Filed July 13, 2001 | [Download as WordPerfect] |
In the Interest of P.M., L.H., and N.H., Children Carmen Hickle
v.
P.M., Child; L.H., Child; N.H., Child; Respondents
J.M., Mother, Respondent and Appellant
John Doe, Alleged Father of P.M.; S.H., Father of N.H.; S.F., Alleged Father of L.H.; and the Children's Guardian ad Litem, Anne E. Summers, Attorney at Law, Respondents
No. 20000263
Appeal from the Juvenile Court of Morton County, South Central Judicial District, Robert A. Freed, Judicial Referee.
AFFIRMED.
Per Curiam.
William D. Schmidt, Schmitz, Moench & Schmidt, 222 N. 4th St., P.O. Box 2076, Bismarck, N.D. 58502-2076, for respondent and appellant.
Bruce Douglas Murry, Special Assistant State's Attorney, 6100 Magnolia Drive, Bismarck, N.D. 58503, for petitioner and appellee.
Interest of P.M.
Per Curiam.
[¶1] J.M. appeals from a juvenile court's order terminating J.M.'s parental rights with respect to P.M., L.H., and N.H. Although we review a juvenile court's decision to terminate parental rights in a manner similar to a trial de novo, we give deference to the juvenile court's decision because that court had the opportunity to observe the candor and demeanor of the witnesses. In the Interest of D.N., 2001 ND 71, ¶ 2, 624 N.W.2d 686. "Absent abandonment or consent, termination of parental rights requires satisfaction of a three-pronged test in which the State must prove by clear and convincing evidence: (1) the child is deprived; (2) the conditions and causes of the deprivation are likely to continue or will not be remedied; and (3) the child is suffering, or will probably suffer, serious physical, mental, moral, or emotional harm by reason of the deprivation." In the Interest of C.R.C., 2001 ND 83, ¶ 6, 625 N.W.2d 533. After carefully reviewing the record, we conclude there is clear and convincing evidence warranting termination of parental rights. We, therefore, summarily affirm the order under Rule 35.1(a)(2) and (7), N.D.R.App.P.
| [¶2] | Gerald W. VandeWalle, C.J. Mary Muehlen Maring William A. Neumann Carol Ronning Kapsner Richard W. Grosz, D.J. |
[¶3] The Honorable Richard W. Grosz, D.J., sitting in place of Sandstrom, J., disqualified.